Changes from report parliamentary committee draft to plenary report

Article 15 – paragraph 4 – point f: deleted

Change 22

ChangedArticle 15 – paragraph 4 a (new): 4a. Member States shall take the necessary measures to enable courts or other competent authorities to take into account the gravity of the offences concerned when considering the eventuality of suspended sentences, early release, parolerelease or the pardoning of persons convicted of such offences.parole.

Change 23

RemovedArticle 17 – paragraph 2 – point a: (a) criminal or non-criminal fines, the maximum limit of which shall not be less than 5 percent of the total worldwide turnover of the legal person, including related entities, in the business year preceding the decision imposing the fine;

AddedArticle 15 – paragraph 4 b (new): 4b. Member States shall take the necessary measures to prohibit any pardoning or amnesty of persons who have been held liable for any of the criminal offenses referred to in Articles 7 to 14.

AddedArticle 16 – paragraph 1 – introductory part: 1. Member States shall take the necessary measures to ensure that legal persons can be held liable for any of the criminal offences referred to in Articles 7 to 14, when such offences are committed for the benefit of those legal persons by any natural person performing services, in any capacity, for or on behalf of the legal person.

AddedArticle 16 – paragraph 1 – point a: deleted

AddedArticle 16 – paragraph 1 – point b: deleted

AddedArticle 16 – paragraph 1 – point c: deleted

AddedArticle 16 – paragraph 2: 2. Member States shall take the necessary measures to ensure that legal persons can be held liable where the lack of effective supervision or control by a person referred to in paragraph 1 has made possible the commission, including by any of the persons under his authority, of any of the criminal offences referred to in Articles 7 to 14 for the benefit of that legal person.

AddedArticle 17 – paragraph 1: 1. Member States shall take the necessary measures to ensure that a legal person held liable for criminal offences pursuant to Article 16 is punishable by effective, proportionate and dissuasive sanctions. The level of sanctions shall be adapted to reflect the degree of severity and duration of the offence, and of the damage caused.

AddedArticle 17 – paragraph 2 – point a: (a) criminal or non-criminal fines, which are proportionate and commensurate to the gravity of the offence. The maximum limit of such fines shall not be less than 10 percent of the total worldwide turnover of the legal person, including related entities, in the business year preceding the decision imposing the fine;

AddedArticle 17 – paragraph 2 – point i a (new): (ia) the national or Union-wide publication of all or part of the judicial decision that relates to the criminal offence committed and the sanctions or measures imposed, including by referring them to relevant Union institutions.

AddedArticle 17 – paragraph 2 a (new): 2a. Member States shall take the necessary measures to establish effective and transparent non-trial resolutions processes that competent authorities can enter into with a legal person for any of the offences referred to in Articles 7 to 14.

Article 18 – paragraph 1 – point a: (a) the offence involves a public official who is a high level official;

Change 24

ChangedArticle 18 – paragraph 1 – point b: (b) the offender,offender includingor its parent entities or subsidiary entities if the offender is a legal person, hashave been convicted before of an offence referred to Articles 7 to 14 in a Member State or of equivalent offences in a third country;

Change 25

ChangedArticle 18 – paragraph 1 – point e: (e) the offender exercises investigation, prosecution, dispute resolutionresolution, or adjudication functions;

Change 26

RemovedArticle 19 – paragraph 1: 1. Member States shall take the necessary measures to ensure that privileges or immunities from investigation and prosecution granted to national officials for the offences referred to in this Directive shall:

AddedArticle 18 – paragraph 1 – point g a (new): (ga) the offender took advantage of the vulnerable situation of a person involved in the commission of the offence;

AddedArticle 18 – paragraph 1 – point g b (new): (gb) the offender resorted to ingenious deception or instrumentalisation of public officials in the course of committing the offence;

AddedArticle 18 – paragraph 1 – point g c (new): (gc) the offender did not provide assistance to enforcement authorities when legally required to do so;

AddedArticle 18 – paragraph 1 – point g d (new): (gd) in the case of legal persons, the offence was committed by a person having a leading positions within that legal person.

AddedArticle 18 – paragraph 2 – point b: (b) where the offender is a legal person and it has implemented effective internal controls, prevention tools, ethics awareness, and compliance programmes to prevent corruption prior to the commission of the offence; and

AddedArticle 19 – paragraph 1: Member States shall take the necessary measures to ensure that privileges or immunities from investigation and prosecution granted to national officials for the offences referred to in this Directive shall:

Article 19 – paragraph 1 – point a (new): (a) be limited to acts carried out in the performance of official duties;

Change 27

ChangedArticle 19 – paragraph 1 – point b (new): (b) only apply to acts carried out during a person's term in office or period of service as a public official; andofficial.

Change 28

ChangedArticle 19 – paragraph 1 –a point(new): cMember (new):States (c)shall take the necessary measures to ensure that privileges or immunities from investigation and prosecution granted to national officials for the offences referred to in this Directive: / (a) shall be lifted at the national official’s own initiative; / (b) can be lifted through an objective, impartial, effective and transparent process pre-established by law, based on clear criteria, and that is concluded within a reasonable timeframe.

Change 29

RemovedArticle 19 – paragraph 1 a (new): 1a. Member States shall implement measures to eliminate functional immunity from investigation and prosecution for national and Union officials in cases of grand corruption.

AddedArticle 19 – paragraph 1 b (new): Union institutions, offices, agencies and bodies shall ensure that when taking any decision on waving of immunities, related to the offences in this Directive, they shall do so through an objective, impartial, effective and transparent process, based on clear criteria, that is concluded within a reasonable timeframe.

Change 30

ChangedArticle 19 – paragraph 1 bc (new): 1b. Member States shall establish procedures throughtake whichthe anecessary publicmeasures officialto accusedensure ofthat, anconcerning offencethe asoffences referred to in this DirectiveDirective, may,no whereprivileges, appropriate,immunities beor removed,other suspendedlegal orconcepts reassignedshield bynational theofficials appropriatefrom authority,investigation bearingand inprosecution mindrelated respectto forproperty theowned principlethrough oflegal thepersons presumptionor ofarrangements innocence.that are personal asset-holding vehicles.

Change 31

RemovedArticle 19 – paragraph 1 c (new): 1c. Member States shall take the necessary measures to ensure that any discretionary legal powers under its domestic law relating to the prosecution of persons for offences referred to in this Directive are exercised with the appropriate internal consultation and with due regard to the need to deter the commission of such offences.

AddedArticle 21 – paragraph 2 – point c: (c) eight years from the time when the offence was committed, for the criminal offences referred to in Articles 12a and 13 to 14.

RemovedArticle 19 – paragraph 1 d (new): 1d. Without prejudice to the rights afforded to victims of crime under Directive 2012/29/EU in the event of a decision not to prosecute, Member States shall ensure that any organisation that aims to counter corruption has the right to a review of a prosecutorial decision related to: / (a) the opening or not opening of the investigation or prosecution; / (b) the suspension of the investigation or prosecution; / (c) the discontinuation of the investigation or prosecution.

AddedArticle 21 – paragraph 3 – introductory part: 3. By way of derogation from paragraph 2, Member States may establish a shorter limitation period, provided that the period may be interrupted or suspended in the event of specified procedural acts or judicial decisions and that the applicable rules on the suspension and limitation periods do not hamper the effectiveness of the judicial process and the dissuasive application of penalties. This period shall not be shorter than:

RemovedArticle 19 – paragraph 1 e (new): 1e. The determination of the scope and conditions under which judicial review as referred to in paragraph 3 shall be governed by national law and shall include safeguards against vexatious complaints.

AddedArticle 21 – paragraph 3 – point c: (c) five years for the criminal offences referred to in Articles 12a to 14.

RemovedArticle 19 – paragraph 1 f (new): 1f. Member States shall take the necessary measures to ensure that there is no personal immunity from investigation and prosecution granted to national officials over property owned through legal persons or arrangements that are personal asset-holding vehicles.

AddedArticle 21 – paragraph 4 – point c: (c) eight years from the date of the final conviction for any of the criminal offences referred to in Articles 12a to 14.

Change 32

ChangedArticle 2021 – paragraph 15 – point c: (c) the offence isfive committedyears forfrom the benefitdate of athe legalfinal personconviction establishedfor inany of the territorycriminal ofoffences thatreferred Memberto State;in Articles 12a to 14.

Change 33

RemovedArticle 20 – paragraph 1 – point c a (new): (ca) the offence is committed in any Member State, in the case of grand corruption.

RemovedArticle 21 – paragraph 2 – point c: (c) eight years from the time when the offence was committed, for the criminal offences referred to in Articles 13 to 14.

RemovedArticle 21 – paragraph 3 – point c: (c) five years for the criminal offences referred to in Articles 13 to 14.

RemovedArticle 21 – paragraph 4 – point c: (c) eight years from the date of the final conviction for any of the criminal offences referred to in Articles 13 to 14.

RemovedArticle 21 – paragraph 5 – point c: (c) five years from the date of the final conviction for any of the criminal offences referred to in Articles 13 to 14.

Article 22 – paragraph 1: 1. Member States shall take the necessary measures to ensure that Directive (EU) 2019/1937 is applicable to the reporting of the offences referred to in Articles 7 to 14 and the protection of persons, including investigative journalists, reporting such offences.

Change 34

RemovedArticle 23 – paragraph 1: Member States shall take the necessary measures to ensure that effective investigative tools, such as those used in countering organised crime or other serious crimes, including those listed in Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters, or those used in the area of financial crime, such as the single access point to bank account registries in accordance with the Directive (EU) 2019/1153 or other tools which help to obtain company information to detect the beneficial ownership are available to persons, units or services responsible for investigating or prosecuting the criminal offences referred to in this Directive.

AddedArticle 22 – paragraph 2 a (new): 2a. Member States shall put in place adequate reporting mechanisms, which enable persons to anonymously disclose information related to offences covered by this Directive.

RemovedArticle 23 a (new): Article 23a / Exchange of information / Member States shall ensure that all specialised bodies, as referred to in Article 4, have direct access to SIENA and use the SIENA system for exchanging information in cross-border investigations.

AddedArticle 23 – paragraph 1: Member States shall take the necessary measures to ensure that effective investigative tools, such as those used in countering organised crime or other serious crimes, including those listed in Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters, are available to persons, units or services responsible for investigating or prosecuting the criminal offences referred to in this Directive.

RemovedArticle 23 b (new): Article 23b / Rights of victims and compensation for damage / 1. Member States shall protect and enable victims to have their views and concerns presented and considered at appropriate stages during criminal proceedings against offenders, in a manner that is not prejudicial to the rights of the defence. / 2. Member States shall take the necessary measures to ensure that the rights afforded to victims under Directive (EU) 2012/29 are also applicable to the victims of corruption, and to ensure that any victim of corruption: / (a) is identified and notified of their status as a victim of corruption at the earliest possible opportunity; / (b) without prejudice to Art. 11(5) of Directive (EU) 2012/29, has the right to a review of a decision not to prosecute or a decision to enter into a non-trial resolution; / (c) has the right to satisfaction including, but not limited to, an acknowledgement of the breach, an expression of regret, a formal apology or another appropriate modality; / (d) has the right to a guarantee of non-repetition; and / (e) is entitled to injunctive relief where applicable. / 3. Member States shall ensure that any qualified public interest non-governmental organisation as determined by national law may, as representatives of the interests of victims of corruption and in accordance with national law, take action before the courts or competent administrative bodies to ensure that their rights under paragraph 2 are protected. / 4. Member States shall take such mea…

AddedArticle 23 – paragraph 1 a (new): Member States shall take the necessary measures to ensure that their competent authorities freeze or confiscate, as appropriate, in accordance with Directive [OJ: Please insert in the text the number of the Directive in PE-CONS 3/4 (2022/0167 (COD)) and insert the number, date, title and OJ reference of that Directive in the footnote - Directive on asset recovery and confiscation COM(2022) 245 final] , the proceeds derived from the commission or contribution to the commission of any of the offences referred to in this Directive.

RemovedArticle 24 – paragraph 1: Without prejudice to the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member States’ authorities, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti-Fraud Office (OLAF) and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in this Directive. To that end, where appropriate, Europol, Eurojust, the European Anti-Fraud Office (OLAF), and the Commission shall provide technical and operational assistance in accordance with their respective mandates to facilitate the coordination of investigations and prosecutions by the competent authorities and the European Public Prosecutor’s Office .

AddedArticle 23 – paragraph 1 b (new): Considering the evolving nature of corruption and the increasing use of digital platforms, Member States shall ensure the availability of digital investigative tools and capabilities.

RemovedArticle 25 – paragraph 3 – point a: (a) facilitate cooperation and exchange of best practices among Member States’ practitioners, civil society, independent experts, researchers and other stakeholders;

AddedArticle 23 a (new): Article 23a / Exchange of information / Member States shall ensure that all specialised bodies or units referred to in Article 4, have direct access to SIENA and use the SIENA system for exchanging information in cross-border investigations.

AddedArticle 23 b (new): Article23b / Rights of victims and compensation for damage / 1. Member States shall protect and enable victims to have their views and concerns presented and considered at appropriate stages during criminal proceedings against offenders, in a manner that is not prejudicial to the rights of the defence. / 2. Member States shall take the necessary measures to ensure that the rights afforded to victims under Directive (EU) 2012/29 are also applicable to the victims of corruption, and to ensure that any victim of corruption: / (a) is identified and notified of their status as a victim of corruption at the earliest possible opportunity; / (b) without prejudice to Article 11(5) of Directive (EU) 2012/29, has the right to a review of a decision not to prosecute or a decision to enter into a non-trial resolution; / (c) has the right to satisfaction including, but not limited to, an acknowledgement of the breach, an expression of regret, a formal apology or another appropriate modality; / (d) has the right to a guarantee of non-repetition; and / (e) is entitled to injunctive relief where applicable. / 3. Member States shall take such measures as necessary to ensure that entities or persons who have suffered damage as a result of an act of corruption have the right to initiate legal proceedings against those responsible for that damage in order to obtain proportionate and adequate compensation.

AddedArticle 23 c (new): Article 23c / National strategies / To ensure a coherent approach to preventing and combating corruption, Member States shall adopt, publish and periodically review a national strategy on preventing and combating corruption, establishing objectives, priorities and corresponding measures and resources needed. Such national strategy shall be developed in consultation with civil society, the relevant specialised bodies or units referred to in Article 4, independent experts, researchers and other stakeholders, and shall take into account the needs, specificities and challenges of the Member States.

AddedArticle 23 d (new): Article 23d / Rights for the public concerned to participate in proceedings / 1. Member States shall take the necessary measures to ensure that the public concerned has appropriate rights to participate in the proceedings covered by this Directive, for instance as a civil party, where as a result of a corruption offence such public has a sufficient interest, and is entitled to maintain the impairment of a right, in accordance with national law. / 2. Member States shall take the necessary measures to ensure that members of the public concerned may participate in the proceedings covered by this Directive, including by taking action before the courts or competent administrative bodies. / 3. Member States shall take the necessary measures to ensure that members of the public concerned as referred to in paragraph 2 have the right to a review of a prosecutorial decision related to: / (a) the opening or not opening of the investigation or prosecution; / (b) the suspension of the investigation or prosecution; / (c) the discontinuation of the investigation or prosecution. / 4. The determination of the scope and conditions under which judicial review as referred to in paragraph 3 shall be governed by national law and shall include safeguards against vexatious complaints.

AddedArticle 23 e (new): Article 23e / Suspension or reassignment of a public official / Member States shall establish procedures through which a public official accused of an offence as referred to in this Directive may, where appropriate, be suspended or reassigned by the appropriate authority, bearing in mind respect for the principle of the presumption of innocence.

AddedArticle 23 f (new): Article 23f / Exercise of discretionary powers / Member States shall take the necessary measures to ensure that any discretionary legal powers under its domestic law relating to the prosecution of persons for offences referred to in this Directive are exercised with the appropriate internal consultation and with due regard to the need to deter the commission of such offences.

AddedArticle 24 – paragraph 1: 1. Without prejudice to the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member States’ authorities, including the specialised bodies or units referred to in Article 4, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti-Fraud Office (OLAF) and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in this Directive. / 2. In the pursuit of that objective, Europol, Eurojust, the European Anti-Fraud Office (OLAF), and the Commission shall provide technical and operational assistance in accordance with their respective mandates to facilitate the coordination of investigations and prosecutions by the competent authorities, including the European Public Prosecutor’s Office.